City Council

CITY OF MOUNT VERNON CITY COUNCIL MEETING AGENDA May 8, 2019 7:00 p.m. (Police Court Campus) Revised 5/6/2019 I. OPENING CEREMONIES A. Call to Order B. Pledge of Allegiance C. Roll Call of Councilmembers II. CONSENT AGENDA A. Approval of April 24, 2019 Regular Council Meeting Minutes B. Approval of May 3, 2019 payroll checks numbered 109193 - 109232 direct deposit checks numbered 71015 - 71258, and wire transfers numbered 729 – 733 in the amount of $999,881.17 C. Approval of May 8, 2019 Claims numbered 3518, 3522 – 3565 and 3568 - 3706 in the amount of $619,854.99 III. REPORTS A. Committees 1. Public Works and Library 2. Public Safety B. Community Comments (An opportunity for Mount Vernon residents to address their City Council. Please limit comments to 3 minutes or less. Under normal circumstances, the Mayor and Council will not respond immediately to Community Comments. If you would like someone to follow-up with you regarding the topic of your comments, please leave your name and contact information on the form at the entrance of the Council Chambers.) C. Community Comments Follow Up D. Councilmember Comments E. Mayor’s Report F. Committee Agenda Requests IV. UNFINISHED BUSINESS None V. NEW BUSINESS A. Street Closure Request at Lincoln School (Mount Vernon School District is requesting the closure of S. 11th Street, from Broad to Skagit Streets, from 12 p.m. until 5 p.m. on Sunday, May 19, 2019 for their “Say Goodbye to Lincoln School” event.) (required action – motion) (staff contact – Peter Donovan) Mount Vernon City Council Agenda May 8, 2019 page 2 B. Public Hearing – Interim Regulations Governing Emergency Severe Weather Shelters (This is a public hearing regarding a proposed ordinance that would continue Ordinance 3780 adopted on March 13, 2019 for a six month period unless terminated earlier upon permanent development regulations.) (required action – ordinance) (staff contact – Kevin Rogerson) C. Open Record Public Hearing – CDBG 2019-2020 Action Plan (This is an open record public hearing to obtain the views of residents and other interested parties on the draft Community Development Block Grant {CDBG} 2019-2020 Action Plan.) (required action – none) (staff contact – Peter Donovan) D. Fire Hydrant Transfer Agreement (Staff is requesting that Council authorize the Mayor to enter into a fire hydrant transfer agreement with Skagit County PUD.) (required action – motion) (staff contact – Chief Bryan Brice) E. Closed Record Public Hearing – Site Specific Rezone of Property (Staff is requesting that Council approve an ordinance to change the zoning designation of property located at 1717 Freeway Drive from General Commercial to Public. The property is owned by MV28, LLC.) (required action – ordinance) (staff contact – Rebecca Lowell) F. Closed Record Public Hearing – Site Specific Rezone of Property (Staff is requesting that Council approve an ordinance to change the zoning designation of property located at the NE corner of Blackburn and LaVenture Roads from Single-Family PUD to Two-Family Residential.) (required action – ordinance) (staff contact – Rebecca Lowell) G. Closed Record Public Hearing – Expansion of a Non-Conforming Single –Family Residence (Staff is requesting that Council approve a resolution to allow a 36 sf expansion of an existing non- conforming single-family residential structure located at 1124 South 10th Street.) (required action – resolution) (staff contact – Rebecca Lowell) COMMITTEE MEETINGS Public Works and Library 6:00 p.m. Next Ordinance 3783 Next Resolution 962  AGENDA ITEM: A DATE: May 8, 2019 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Project Development Manager SUBJECT: STREET CLOSURE FOR LINCOLN SCHOOL CELEBRATION RECOMMENDED ACTION: Motion INTRODUCTION/BACKGROUND: MOUNT VERNON SCHOOL DISTRICT IS REQUESTING THE CLOSURE OF S. 11TH STREET, FROM BROAD TO SKAGIT STREETS, BETWEEN THE HOURS OF 12PM AND 5PM ON SUNDAY, MAY 19TH FOR THEIR “SAY GOODBYE TO LINCOLN SCHOOL EVENT” FINDINGS/CONCLUSIONS: This one-block street closure will have very little impact on regular Sunday afternoon travel. Alternate routes are available, one block to the east or west. RECOMMENDATION: Staff recommends approval of this 5-hour street closure request on May 19th for the “Say Goodbye to Lincoln School” event. ATTACHED: 2019-Goodbye to Lincoln Elementary Event Application AGENDA ITEM: B  AGENDA ITEM: C DATE: May 8, 2019 TO: Mayor Boudreau and City Council FROM: Peter Donovan, Project Development Manager SUBJECT: OPEN RECORD PUBLIC HEARING FOR 2019-20 CDBG ACTION PLAN RECOMMENDED ACTION: None INTRODUCTION/BACKGROUND: - This is an Open Record Public Hearing to obtain the views of citizens and other interested parties on the draft Community Development Block Grant (CDBG) 2019 Action Plan. -The 30-day public review and public comment period for the 2019-2020 Draft Action Plan extends from April 10 to May 10, 2019. -During this time, the public has been invited to obtain the Draft Action Plan, and to provide written comment. -This will be the last opportunity for the public to comment on this year’s action plan in an open hearing -The amount of the City’s 2019-20 CDBG allotment is $390,166. In 2018 it was $400,488. In 2017 it was $337,820. FINDINGS/CONCLUSIONS: -The 2019-2020 Draft Action Plan was compiled prior to receipt of this year’s allocations, therefore the Plan currently includes 2018-2019 allocation numbers. However, on April 15 the 2019 allocations were reported from HUD. And the 2019-2020 Action Plan sub-recipient list will more closely resemble: -$58,525 Community Action -$110,000 Public Facilities -$182,625 Friendship House -$39,016 Admin RECOMMENDATION: None ATTACHED: 2019-2020 Draft Action Plan  AGENDA ITEM: D DATE: May 8, 2019 TO: Mayor Boudreau and City Council FROM: Bryan Brice, Fire Chief SUBJECT: FIRE HYDRANT TRANSFER AGREEMENT RECOMMENDED ACTION: Staff recommends that Council adopt the fire hydrant transfer agreement with Skagit County PUD and authorize the Mayor to execute the agreement. INTRODUCTION/BACKGROUND: The city of Mount Vernon owns fire hydrants for the purpose of firefighting and other emergency needs. The city’s fire hydrants are supplied by the water infrastructure system owned and operated by Skagit County PUD. Over the years the maintenance for the hydrants has rested with the Mount Vernon Fire Department (MVFD) and the maintenance of the water infrastructure with Skagit PUD. When a hydrant repair was needed, MVFD personnel would contact Skagit PUD to request their expertise in making the repair. In return the PUD would charge the City for such repairs including new hydrants if needed. Over the years MVFD has budgeted up to $50,000 per year for the cost of the repairs or replacements to hydrants. In addition, during a report to council in April of 2017 information was presented on the replacement need for hydrants that were out dated and no longer had parts available for them. Skagit PUD has a need to ensure the safety of the water system they are charged with operating. The District requires access to and control over all public fire hydrants for system flushing, and repairs to protect public health and maintain system integrity. The agreement before you would transfer all hydrants owned by the City to Skagit County PUD. The agreement sets forth the requirements for PUD with regard to maintenance and operability. Since there is a potential for additional cost during the initial transfer a graduated scale is included in the agreement for the maintenance costs. The scale is for a five-year period with the cost to the city decreasing by 20% each year until completely removed after the fifth year. FINDINGS/CONCLUSIONS: This agreement will remove the annual cost of maintaining fire hydrants; approximately $50,000 per year. It assists the PUD with greater safety control over the water system and reduces the chances of accidental damage or contamination to the water system. RECOMMENDATION: Staff recommends that Council adopt the fire hydrant transfer agreement with Skagit County PUD and authorize the Mayor to execute the agreement. ATTACHED: Attachment A – Transfer Agreement Attachment B – List of Hydrants transferred  AGENDA ITEM: E DATE: May 8, 2019 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: CLOSED RECORD PUBLIC HEARING FOR MV 28, LLC REZONE, PLAN19-0030 RECOMMENDED ACTION: Staff recommends that Council hold a closed record public hearing and make a motion to authorize the Mayor to sign the accompanying ordinance approving the MV 28, LLC rezone. INTRODUCTION/BACKGROUND: On April 3, 2019 an open record hearing was held before the Hearing Examiner for the subject rezone. The applicant MV28, LLC (this LLC is governed by Timothy White) proposes to rezone approximately 20.8 acres from General Commercial (C-2) to Public (P). The proposed zoning designation is consistent with the site’s Comprehensive Plan designation of Public (P). The proposal property (P26279 and P26054) is located on the on the west side of Interstate-5, north of Riverbend Road within a portion of the NE ¼ of Section 18, Township 34 North, Range 04 E, WM in Skagit County, Washington. FINDINGS/CONCLUSIONS: The Hearing Examiner recommended approval of the application in a report dated April 17, 2019. No request for reconsideration of the Hearing Examiner’s recommendation of approval was received by this department. The Hearing Examiner’s recommendation is submitted together with the attached proposed Ordinance, the Staff Report, and all of the Exhibits that the Examiner relied upon in making his recommendation. RECOMMENDATION: Staff recommends that Council move to adopt an Ordinance approving the MV28, LLC rezone. ATTACHED: • Proposed Ordinance • Hearing Examiner Recommendation • Staff Report and its associated Exhibits  AGENDA ITEM: F DATE: May 8, 2019 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: CLOSED RECORD PUBLIC HEARING FOR CORNER 9 PROPERTIES REZONE, PLAN19-0031 RECOMMENDED ACTION: Staff recommends that Council hold a closed record public hearing and make a motion to authorize the Mayor to sign the accompanying ordinance approving the Corner 9 Properties, LLC rezone. INTRODUCTION/BACKGROUND: On April 3, 2019 an open record hearing was held before the Hearing Examiner for the subject rezone. The applicant Corner 9 Properties (this LLC is governed by Brian Gentry and Kendra Decker) proposes to rezone approximately .85 acres from Single-Family Residential with a Planned Unit Development overlay (R-1, 4.0/PUD) to Two Family Residential (R-2). The proposed zoning designation is consistent with the site’s Comprehensive Plan designation of Multi-Family Low Density (MF-LO). The proposal property (P131991) is located on at the northeast corner of the intersection of Blackburn and LaVenture Roads within a portion of the NW ¼ of Section 28, Township 34 North, Range 04 E, WM in Skagit County, Washington. FINDINGS/CONCLUSIONS: The Hearing Examiner recommended approval of the application in a report dated April 17, 2019. No request for reconsideration of the Hearing Examiner’s recommendation of approval was received by this department. The Hearing Examiner’s recommendation is submitted together with the attached proposed Ordinance, the Staff Report, and all of the Exhibits that the Examiner relied upon in making his recommendation. RECOMMENDATION: Staff recommends that Council move to adopt an Ordinance approving the Corner 9 Properties, LLC rezone. ATTACHED: • Proposed Ordinance • Hearing Examiner Recommendation • Staff Report and its associated Exhibits  AGENDA ITEM: G DATE: May 8, 2019 TO: Mayor Boudreau and City Council FROM: Rebecca Lowell, Development Services SUBJECT: CLOSED RECORD PUBLIC HEARING FOR JAROLIMEK REQUEST FOR SPECIAL PERMISSION, PL18-173 RECOMMENDED ACTION: Staff recommends that Council hold a closed record public hearing and make a motion to authorize the Mayor to sign the accompanying resolution approving the Jarolimek expansion of a non-conforming building. INTRODUCTION/BACKGROUND: The Applicant seeks to expand a non-conforming single family residence. The proposal will add 36 square feet of floor area to create a half bath. MVMC Chapter 17.102 has a process by which the City Council (upon recommendation by the Hearing Examiner) can grant special permission to enlarge or expand an existing non-conforming structure and/or use so long as certain criteria are met. The proposal property has an address of 1124 South 10th Street, and its parcel number is P53675. FINDINGS/CONCLUSIONS: On April 3, 2019 an open record hearing was held before the Hearing Examiner. The Examiner recommended approval of the application in a report dated April 17, 2019. No request for reconsideration of the Examiner’s recommendation of approval was received by the department. The Hearing Examiner’s recommendation is submitted together with the attached proposed Resolution, the Staff Report, and all of the Exhibits that the Examiner relied upon in making his recommendation. RECOMMENDATION: Staff recommends that Council move to adopt a resolution approving the expansion of a non- conforming building. ATTACHED: • Proposed Resolution • Hearing Examiner Recommendation • Staff Report and its associated Exhibits